senate Bill S1139

Amended

Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 19 / May / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 19 / May / 2014
    • PRINT NUMBER 1139A
  • 21 / May / 2014
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 21 / May / 2014
    • PRINT NUMBER 1139B

Summary

Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.

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Bill Details

Versions:
S1139
S1139A
S1139B
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §15-2142, rpld §§15-2137, 15-2139 & 15-2141, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S591A
2009-2010: S8118A

Sponsor Memo

BILL NUMBER:S1139 REVISED 1/8/13

TITLE OF BILL: An act to amend the education law, in relation to
expenditures by certain school districts and to amend the
environmental conservation law, in relation to abolishing the Hudson
river-Black river regulating district and devolving such powers to the
power authority of the state of New York; and to repeal certain
provisions of the environmental conservation law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL: Abolishes the Hudson River-Black
River regulating district and devolves such powers to the power
authority of the state of New York; repealer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the education law by adding a new subdivision 7.

Section two amends the environmental conservation law by adding a new
section 15-2142.

Section three repeals Section 15-2137 of the environmental
conservation law.

Section four repeals section 15-2139 of the environmental conservation
law.

Section five repeals section 15-2141 of the environmental conservation
law.

Section six provides that the effective date is on the first of July
next succeeding the date on which it shall have become law.

JUSTIFICATION: The Hudson river-Black river Regulating District
billed the five county region of Albany, Rensselaer, Saratoga, Warren,
and Washington, a total of $4.45 million based on a flood control
benefit assessment in February 2010. unfortunately these counties do
not have the funds to pay these fees so they will have to pass along
the burden to their county property taxpayers by raising their taxes
in order to generate revenue. This bill is a step to save local tax
payers millions of dollars by eliminating the Hudson river-Black river
Regulating District, and subsequently their fees.

Currently, the New York State Power Authority manages several dams and
reservoirs and can perform the functions of the Hudson River-Black
River Regulating District. Transferring the duties of the Hudson
River-Black River Regulating District to the New York State Power
Authority would be an easy transition, This would also increase
government efficiency being as the New York State Power Authority is
already established and equipped to handle the operations of the
Hudson River-Black River Regulating District.

LEGISLATIVE HISTORY: 2011-2012: S.591A/A.3075A Remained in the Senate
Committee on Education and the Assembly Committee on Environmental
Conservation
2009-2010: S.8118A/A.11401A Remained in the Senate/Assembly Committees
on Environmental Conservation


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of July next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made
and completed on or before such effective date; provided, further that
the amendment to section 2022 of the education law made by section one
of this act shall not affect the expiration of such section and shall
be deemed to expire therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1139

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the  education  law,  in  relation  to  expenditures  by
  certain  school  districts and to amend the environmental conservation
  law, in relation to abolishing the Hudson river-Black river regulating
  district and devolving such powers to the power authority of the state
  of New York; and to repeal certain  provisions  of  the  environmental
  conservation law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2022 of the education law is amended  by  adding  a
new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS SECTION AND SECTION TWO
THOUSAND TWENTY-THREE OF THIS PART FOR THE  TWO  THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN  SCHOOL  YEAR, ANY SCHOOL DISTRICT LOCATED WITHIN THE
HUDSON RIVER-BLACK RIVER REGULATING DISTRICT MAY  EXCEED  THE  LEVEL  OF
EXPENDITURES  AUTHORIZED BY THE VOTE REQUIRED BY SUBDIVISION ONE OF THIS
SECTION OR THE LEVEL OF EXPENDITURES SET BY THE BOARD  OF  EDUCATION  IN
ACCORDANCE  WITH  SECTION  TWO THOUSAND TWENTY-THREE OF THIS PART BY THE
AMOUNT OF REAL PROPERTY TAXES OR PAYMENTS IN LIEU OF TAXES MADE  BY  THE
NEW  YORK  POWER  AUTHORITY  AFTER  THE  DISSOLUTION  OF SUCH REGULATING
DISTRICT.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 15-2142 to read as follows:
S 15-2142. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT AND STATE OF NEW
             YORK  POWER  AUTHORITY:  OLD  BOARDS ABOLISHED; TRANSFER OF
             FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS;  INTERPRETATION
             OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES.
  1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK
RIVER  REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01551-01-3

S. 1139                             2

TION, FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS POSSESSED  OR  EXERCISED
BY,  OR  FOR WHICH COMMITMENTS HAVE BEEN MADE BY, SUCH BOARDS, INCLUDING
LANDS OR PROPERTY ACQUIRED, MONEYS OF THE BOARDS, AND ACTIONS  TAKEN  OR
DETERMINATIONS  MADE BY SUCH BOARDS, ARE HEREBY TRANSFERRED TO, ASSIGNED
TO AND DEVOLVED UPON THE POWER AUTHORITY OF THE STATE OF  NEW  YORK  AND
ITS CHAIRMAN.
  2.  EXCEPT AS HEREINAFTER PROVIDED, THE CONTRACTS, BOOKS, MAPS, PLANS,
PAPERS, RECORDS AND PROPERTY OF WHATEVER DESCRIPTION WITHIN  THE  JURIS-
DICTION  OR UNDER THE CONTROL OF THE HUDSON RIVER-BLACK RIVER REGULATING
DISTRICT, INCLUDING MONEYS APPROPRIATED AND AVAILABLE TO SUCH DISTRICTS,
PERTAINING TO OR USED IN CONNECTION WITH THE EXERCISE OR PERFORMANCE  OF
THE  FUNCTIONS, POWERS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED, SHALL
BE DELIVERED TO THE CHAIRMAN OF THE NEW YORK STATE POWER AUTHORITY,  WHO
IS HEREBY AUTHORIZED TO TAKE POSSESSION THEREOF.
  3.  FOR  THE  PURPOSES OF SUCCESSION, THE FUNCTIONS, POWERS AND DUTIES
TRANSFERRED, ASSIGNED TO, AND DEVOLVING UPON THE POWER  AUTHORITY  SHALL
BE  DEEMED  TO  CONSTITUTE  A CONTINUATION OF SUCH FUNCTIONS, POWERS AND
DUTIES EXERCISED BY THE HUDSON RIVER-BLACK  RIVER  REGULATING  DISTRICT,
AND  THE  ACTS,  ORDERS,  RULES,  REGULATIONS AND DETERMINATIONS OF SUCH
DISTRICTS SHALL HAVE, AND CONTINUE WITH, THE SAME FORCE  AND  EFFECT  AS
THOUGH DONE BY OR MADE BY THE POWER AUTHORITY.
  4.  ANY  BUSINESS  OR  MATTER HERETOFORE UNDERTAKEN OR COMMENCED BY OR
BEFORE THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, OR  ANY  ACTION
OR  PROCEEDING HERETOFORE BROUGHT BY OR AGAINST SUCH DISTRICTS, PERTAIN-
ING TO OR CONNECTED WITH THE FUNCTIONS, POWERS AND DUTIES HEREBY  TRANS-
FERRED  AND ASSIGNED TO THE POWER AUTHORITY MAY BE CONDUCTED, COMPLETED,
PROSECUTED AND DEFENDED BY AND IN THE NAME OF THE  POWER  AUTHORITY.  IN
ALL SUCH ACTIONS AND PROCEEDINGS THE HUDSON RIVER-BLACK RIVER REGULATING
DISTRICT, UPON APPLICATION TO THE COURT, MAY BE SUBSTITUTED AS A PARTY.
  5.  WHEN  THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT IS REFERRED
TO OR DESIGNATED IN ANY LAW, CONTRACT OR  DOCUMENT,  SUCH  REFERENCE  OR
DESIGNATION  SHALL BE DEEMED TO REFER TO AND INCLUDE THE POWER AUTHORITY
SO FAR AS SUCH LAW, CONTRACT OR DOCUMENT PERTAINS TO MATTERS  WHICH  ARE
WITHIN  ITS  JURISDICTION  BY  REASON OF SUCH TRANSFER AND ASSIGNMENT OF
FUNCTIONS, POWERS AND DUTIES.
  S  3.  Section  15-2137  of  the  environmental  conservation  law  is
REPEALED.
  S  4.  Section  15-2139  of  the  environmental  conservation  law  is
REPEALED.
  S  5.  Section  15-2141  of  the  environmental  conservation  law  is
REPEALED.
  S  6.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law;  provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date; provided,  further  that  the  amendment  to
section  2022 of the education law made by section one of this act shall
not affect the expiration of such section and shall be deemed to  expire
therewith.

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